Vaughan, David --- "Temporal Limitation in EU Law" [2008] ELECD 233; in Moser, Philip; Sawyer, Katrine (eds), "Making Community Law" (Edward Elgar Publishing, 2008)

Book Title: Making Community Law

Editor(s): Moser, Philip; Sawyer, Katrine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201379

Section: Chapter 10

Section Title: Temporal Limitation in EU Law

Author(s): Vaughan, David

Number of pages: 10

Extract:

10. Temporal limitation in EU law
David Vaughan1

INTRODUCTION
The basic principle in EU law (as in many other legal systems) is that, in the
absence of express legislative powers and subject to rulings as to temporal
limitation, judgments of the European Court of Justice (ECJ) (and of the Court
of First Instance) establish the law as it ought to have been understood and
applied from the date of its entry into force. That is to say, a ruling is to apply
ex tunc and not ex nunc. It is in this field of temporal limitation that Sir Francis
Jacobs has very recently delivered an Opinion of the very greatest importance
inviting the Court to adopt an innovative step.
In the case of a regulation, Article 231 EC makes express provision to
permit the Courts, as an exception to annulling the measure, to state which of
the effects of that measure should be considered as being definitive, if the
Court considers this to be necessary. This Article has been applied by the Court
to measures other than regulations, such as directives and decisions. In so
doing the Court takes into account in particular the aims of the measure in
question and the need to ensure legal certainty. Thus these powers have been
used in certain cases to preserve the past effects of an annulled act (e.g. a
budget) or to declare that the measure is to remain in force until the competent
authority has taken the appropriate remedial actions ...